Legally Speaking

The emerging connection between crime, fashion and intellectual property right laws

10 Mar 2021 02:44 AM IST

In recent times, Indian fashion designers have become vigilant with respect to their intellectual properties, like their designs, brand trademark, etc. They have started taking steps against infringers of their original work. With the rising awareness of intellectual property rights, designers are getting open to registering their work. It is

INSOLVENCY AND BANKRUPTCY CODE, 2016 REQUIRES FURTHER FINE-TUNING

09 Mar 2021 02:42 AM IST

The Insolvency and Bankruptcy Code, 2016 has ushered in a new era of restructuring process in India. This effective legal framework for timely resolution of insolvency and bankruptcy proceedings has promoted the availability of credit and emboldened the investors’ confidence in the Indian economy. While earlier, there existed multiple laws

THE SOCIAL SECURITY COST RUMPUS: AN ANTE LITEM MOTAM ANALYSIS

09 Mar 2021 02:40 AM IST

A lot of ruckus is created in the past few days, due to which the salaried employee class is worried and a major cause of concern among it is the composition of their take-home salary in their total pay. Most probably the salaried employees will be receiving a higher employer

Matrimonial discord and ‘irretrievable breakdown of marriage’ as a ground for divorce

08 Mar 2021 02:04 AM IST

BEFORE the Supreme Court of India, on a regular basis, petitions are filed seeking exercise of power by it under Article 142 of the Constitution of India to dissolve the marriages which are totally unworkable, emotionally dead, beyond salvage and thus, have broken down irretrievably. Under the existing framework of law

REVISITING CYBER DEFAMATION LAWS IN INDIA & COMPARISON WITH ENGLISH LAW

06 Mar 2021 01:48 AM IST

Cyber Defamation has become a major issue because of its repercussions rising up out of the wide-spread Coverage, Instantaneous Communication, Anonymity and Impersonation. In simple words, when defamation takes place through computers or web it is called cyber defamation. The simplicity with which the defamation should be possible utilizing any

The Indian position on the issue of sedition

05 Mar 2021 02:50 AM IST

The publication or utterance of seditious, obscene, slanderous, libellous or defamatory matter shall be actionable or punishable in accordance with law.

Default bail: Period of 90/60 days will commence from date of remand only, not from any unlawful custody prior to it, says Bombay High Court

04 Mar 2021 02:29 AM IST

In a clear, categorical, cogent, convincing and commendable judgment titled Gautam P Navlakha Vs. National Investigation Agency in Criminal Appeal Stamp No. 1707 of 2020 delivered by a two Judge Bench of the Bombay High Court comprising of Justice SS Shinde and Justice MS Karnik that was reserved on 16

Appointment of judges: An analysis

04 Mar 2021 02:25 AM IST

In a recent notification, the Ministry of Law and Justice has modified the resolution of the Collegium which had suggested for extending the tenure of Justice Pushpa Ganediwala to two years as additional judge at Bombay High Court. Instead, the Notification has modified the order and extended the tenure of

Allahabad HC acquits rape accused after 20 years in jail

03 Mar 2021 02:18 AM IST

It is a matter of national shame, national disgrace and national humiliation that a man had to suffer without committing any offence 20 years of incarceration in connection with a false rape case filed against him by a woman owing to an alleged land dispute. Why is it that a

NEW SOCIAL MEDIA CODE AND THE BIRTH OF A NEW REGIME OF INTERMEDIARY LIABILITY

02 Mar 2021 09:04 AM IST

On 26 February 2021, the Ministry of Electronics and Information Technology (MeITY) proposed the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 for social media platforms, OTT services and digital media. The Code is a reinforcement of the Information Technology (Intermediaries Guidelines) Rules, 2018 wherein the regulation

Energy sector, laws and Budget 2021-22

01 Mar 2021 01:54 AM IST

The Budget has also announced strategic disinvestment of public sector enterprises with an objective of minimising presence of the CPSEs to create a new space for private sector investment and has classified various sectors as strategic and non-strategic. The power sector has been classified as a strategic sector and it

Exception of customary divorce under Hindu Marriage Act not attracted in absence of declaration from civil court regarding its validity: Calcutta High Court

27 Feb 2021 03:23 AM IST

The sum and substance of this judgement is that merely obtaining a customary divorce will certainly not attract the exception envisaged under Section 29(2) of the Hindu Marriage Act. It merits no reiteration that for Section 29(2) of the 1955 Act to be invoked, it has to be established by